Summa Theologica, Part I-II (Pars Prima Secundae) eBook

This eBook from the Gutenberg Project consists of approximately 1,748 pages of information about Summa Theologica, Part I-II (Pars Prima Secundae).

Summa Theologica, Part I-II (Pars Prima Secundae) eBook

This eBook from the Gutenberg Project consists of approximately 1,748 pages of information about Summa Theologica, Part I-II (Pars Prima Secundae).
This suffices for the Replies to the Objections.
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FOURTH ARTICLE [I-II, Q. 95, Art. 4]

Whether Isidore’s Division of Human Laws Is Appropriate?

Objection 1:  It would seem that Isidore wrongly divided human statutes or human law (Etym. v, 4, seqq.).  For under this law he includes the “law of nations,” so called, because, as he says, “nearly all nations use it.”  But as he says, “natural law is that which is common to all nations.”  Therefore the law of nations is not contained under positive human law, but rather under natural law.

Obj. 2:  Further, those laws which have the same force, seem to differ not formally but only materially.  But “statutes, decrees of the commonalty, senatorial decrees,” and the like which he mentions (Etym. v, 9), all have the same force.  Therefore they do not differ, except materially.  But art takes no notice of such a distinction:  since it may go on to infinity.  Therefore this division of human laws is not appropriate.

Obj. 3:  Further, just as, in the state, there are princes, priests and soldiers, so are there other human offices.  Therefore it seems that, as this division includes military law, and public law, referring to priests and magistrates; so also it should include other laws pertaining to other offices of the state.

Obj. 4:  Further, those things that are accidental should be passed over.  But it is accidental to law that it be framed by this or that man.  Therefore it is unreasonable to divide laws according to the names of lawgivers, so that one be called the “Cornelian” law, another the “Falcidian” law, etc.

On the contrary, The authority of Isidore (Obj. 1) suffices.

I answer that, A thing can of itself be divided in respect of something contained in the notion of that thing.  Thus a soul either rational or irrational is contained in the notion of animal:  and therefore animal is divided properly and of itself in respect of its being rational or irrational; but not in the point of its being white or black, which are entirely beside the notion of animal.  Now, in the notion of human law, many things are contained, in respect of any of which human law can be divided properly and of itself.  For in the first place it belongs to the notion of human law, to be derived from the law of nature, as explained above (A. 2).  In this respect positive law is divided into the law of nations and civil law, according to the two ways in which something may be derived from the law of nature, as stated above (A. 2).  Because, to the law of nations belong those things which are derived from the law of nature, as conclusions from premises, e.g. just buyings and sellings, and the like, without which men cannot live together, which is a point of the law of nature, since man is by nature a social animal, as is proved in Polit. i, 2.  But those things which are derived from the law of nature by way of particular determination, belong to the civil law, according as each state decides on what is best for itself.

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